The European Commission against Racism and Intolerance, acting within the Council of Europe, published a study on racism and discrimination in Italy. Italy is powerfully criticised for the deficiency of promotion of equality between LGBTI and sex identity teaching in school programs or racial profiling of Africans by law enforcement officials.
The Commission assesses the implementation of LGBT requests
The European Commission against Racism and Intolerance (ECRI) is simply a body of the Council of Europe (Council of Europe), liable for monitoring respect for human rights, specialised in combating racism, discrimination, xenophobia, anti-Semitism and intolerance. As part of its activities, the Commission conducts national surveillance and analyses the situation of racism and intolerance and makes suggestions and suggestions on how to deal with the problems identified. National monitoring takes place in five-year cycles and affects all associate States of the Council of Europe, starting in 1998. Methods of working on the preparation of reports shall include documentary analysis, a visit to the country afraid and a confidential dialog with national authorities.
In October this year, the Commission published a study on the widespread phenomenon of racism and intolerance in Italy. The document, drawn up in the framework of all 5 years of evaluation, addresses a number of different issues concerning respect for human rights, hatred speech and hatred crimes or social inclusion and inclusion. There are besides recommendations on circumstantial issues. The study covers the time scope of events from the end of 2018 to 11 April 2024.
The paper notes that Italy has made "certain progress" and "has developed good practices in many areas" since the adoption of the erstwhile edition of the report. The authors of the paper welcome, among others, the introduction of "citizen education" as an independent school subject and the taking of many initiatives aimed at integrating judaic past and culture teaching into schools. The introduction of a strategy for collecting data on cases of bullying in schools (including ethnicity and sexual orientation) and advancement on the designation of same-sex partnerships, the adoption of a national LGBT+ strategy or the provision of high-quality information on "transgender patients" healthcare and their families are besides welcomed. Furthermore, the introduction of systemic financial support for organisations dealing with the fight against "discrimination on grounds of sexual orientation and sex identity, including LGBTI force shelters" is besides noted. On top of that, the Commission besides assesses Italy's "significant efforts" to inform young people about the dangers of hatred speech on the Internet, which is demonstrated, among another things, by awareness campaigns and activities in schools and another places visited by young people. Italy's actions aimed at combating anti-Semitism, expanding the ability of law enforcement officials to fight hatred crimes or efforts to supply migrants with access to wellness care have besides responded positively.
The authors of the study point out that, despite erstwhile calls and recommendations from the ECRI Commission, Italian curricula inactive do not include teaching on the promotion of equality between "LGBTI people", "sexual identity" and "sexual orientation". This is called "shortcomings", while pointing to initiatives to encourage schools to take part in ad hoc initiatives, specified as the celebration of the global Day for Combating Homophobia, Biphobia and Transphobia or civilian society initiatives to support schools in teaching subjects related to LGBT demands. On the another hand, the authors of the paper note that the events and initiatives described above face strong social opposition from conservative environments, which accuse them of promoting sex ideology. In this context, the ECRI Commission welcomes the fact that the national ‘LGBT+ strategy’ for the period 2022-2025 calls for the inclusion of modules on discrimination against ‘LGBTI’s’ in the civic education programme (point 9).
It is not easy to "change gender"
The study then draws attention to the difficulties associated with the procedure of legal designation of sex, indicating that it is inactive pending in court and considered unnecessarily complex, long-term and over-medicalised. The study points out that although legal designation of sex no longer requires surgical intervention and sterilisation, it is inactive mandatory to get a diagnosis of sexual dysphoria from a scientist and, in principle, to undergo endocrinological treatment. The authors of the paper note in a affirmative way that many institutions and companies have begun to apply the practice of "alias Careers", which is to enable people to usage a fresh identity during the process of sex change (paragraph 25). Furthermore, the Commission recommends to Italy that the legal process of sex designation be swift, transparent and accessible and that it is not dependent on "requirements" specified as medical procedures and/or intellectual wellness diagnosis (p. 13).
On the another hand, Italy is to take action "to make and adopt detailed rules prohibiting medically unnecessary "normalising" operations of sex and another non-therapeutic treatments until an intersex kid is able to participate in decisions, based on the rule of free and informed consent" (p. 14).
Penalization of “hate speech”
The Commission then recommends Italy to implement compulsory curricula at all levels of education, including "the question of LGBTI equality in a way that is sensitive, age-appropriate and easy to understand, and discussions on LGBTI equality are based on evidence and puts peculiar emphasis on equality, diversity and integration" (p. 9).
The ECRI besides recommends that public individuals, including high-level officials and politicians from all sides, be powerfully encouraged to take a rapid, firm and public stance against racist expression and the ‘LGBTI-phobic’ (LGBTI-phobic) hatred speech and to respond to any specified statements by means of a ‘counter-talk’ and ‘alternative speech’, and to advance knowing between communities, including by expressing solidarity with hatred speechers (p.18).
The Commission recommends Italy to adopt government on hatred speech and hatred crimes. In the Commission's assessment, the proposed government should, in particular, guarantee that the provisions of criminal law clearly take into account the colour of the skin, language, sexual orientation, sex identity and sex characteristics as grounds for conduct and discrimination which can be considered as an aggravating origin in determining the appropriate penalties (p. 19). The study refers here to General advice ECRI No 7 on national government on combating racism and racial discrimination and General advice No 17 on preventing and combating intolerance and discrimination against LGBTI people.
Faster migration procedures
The ECRI Commission then recommends that authorities should guarantee that all beneficiaries of global protection, as well as another authorised migrants, can get residence permits and identity papers rapidly (p. 25). It is besides recommended, as a priority, that the authorities immediately commission a comprehensive and independent survey to detect and resolve any racial profiling practices by law enforcement officers having an impact in peculiar on Roma and African people (p. 29).
Prime Minister Giorgia Meloni, referring to racial profiling charges, stated that "our safety forces consist of men and women who work with dedication and dedication all day to warrant the safety of all citizens, without distinction." president Sergio Mattarella expressed his amazement with the accusations made in the study during a telephone conversation with the police chief and Antonio Tajani, Deputy Prime Minister and abroad Minister, said he had instructed the Italian typical in the Council of Europe, Roberto Martini, to express a "deep disapproval" of the government for the report.
Impact of the report
The reports published by the European Commission against Intolerance and Racism have a large deal of importance, which is mainly due to the fact that they can be classified as a soft law category. This concept defines various acts and papers which, although not legally binding, have certain legal effects. In the present case, it may be evidence that the European Court of Human Rights, in its case law of 2020, took account of the views of the ECRI Commission 8 times.
In addition, it is crucial to point out the ideological nature of a large part of the recommendations there, which can be illustrated by recommendations on the inclusion of LGBT demands in school programmes or the adoption of government aimed at "talk of hatred". This second example raises crucial controversy, especially since in fresh years rules aimed at combating “hate speech” or hatred crimes have become the basis for limiting fundamental rights and civilian liberties, including the right to freedom of expression. Therefore, it is not amazing that the main thesis of the report, aimed at imposing certain solutions to the sovereign state, in this case Italy, has met with far-reaching criticism of leading politicians from this country.
Patrick Ignaszczak – Analyst of Ordo Iuris global Law Center
Source: Ordo Iuris
TG
